What US Video Privacy Protection Act (18 USC 2710): Privacy of Video Viewing Records requires
The Video Privacy Protection Act (18 U.S.C. 2710) protects the privacy of records that identify what video materials a consumer has rented, purchased or requested, and is widely applied to streaming and online video services through a private right of action. Section 2710(b) provides that a video tape service provider who knowingly discloses, to any person, personally identifiable information concerning any consumer of the provider is liable to the aggrieved consumer. Personally identifiable information includes information that identifies a person as having requested or obtained specific video materials or services. Section 2710(b)(2) sets the permitted disclosures, including disclosure to the consumer, disclosure with the informed written consent of the consumer given in a form distinct and at the time the disclosure is sought, disclosure to a law enforcement agency under a warrant or court order, disclosure of only the names and addresses of consumers for marketing where the consumer has been given an opportunity to opt out, and disclosure incident to the ordinary course of business. Section 2710(c) provides the civil remedies: a court may award actual damages but not less than liquidated damages in an amount of 2,500 dollars, punitive damages, reasonable attorney fees and costs, and equitable relief, with a two-year limitation period. The Act is the legal foundation for US video viewing privacy compliance.
Pillar: Creative, Content & Media IP · Authority: US Congress / federal courts (private right of action) · Version: 1.0.0 · Last updated:
Primary source: https://www.govinfo.gov/content/pkg/USCODE-2022-title18/html/USCODE-2022-title18-partI-chap121-sec2710.htm
SHA-256 integrity: 821bf7904a2ad451e982a605d08a7e01a2da7a687b87e50b9455a7edfce5bf29
Primary Citations — 8 traced to source
- Video Privacy Protection Act, 18 U.S.C. 2710(a) - definitions, including consumer, personally identifiable information and video tape service provider.
- Video Privacy Protection Act, 18 U.S.C. 2710(b)(1) - liability for knowing disclosure of personally identifiable information.
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